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Patents

BananaIP Counsels > Patents (Page 58)

RPX acquires patents owned by Apple’s Rockstar Consortium for US$ 900M

American patent risk management company, RPX Corp., entered into an agreement to acquire around 4,000 patents owned by Rockstar, a consortium led by Apple Inc. and other firms for US$ 900M. Rockstar was created as a patent holding entity in 2011 by technology bigwigs like Apple, Microsoft, Blackberry, Sony and Ericsson, with the intent of purchasing the 6,000 patents from the Nortel Network Corp., for US$ 4.5B, following its bankruptcy. About 2,000 of the most valuable patents have already been distributed to Rockstar stakeholders. The consortium has since filed a number of patent infringement lawsuits against companies including Google, which was attacked...

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Astrazeneca to retain Sweetness of Onglyza

This image depicts Tablets of different colors. This image is relevant as there is a Patent Infringement dispute between Aurobindo Pharma and Astrazeneca. Click on the image for more information.

Aurobindo Pharma, USA, has been dragged to the Court for patent infringement by Astrazeneca. The suit filed is against the ANDA (Abbreviated New Drug Application) filed by Aurobindo Pharma with the USFDA with regard to seeking the market approval for Saxagliptin hydrochloride tablets before the expiry of its US patent. Aurobindo Pharma plans to market the generic versions of Saxagliptin hydrochloride tablets of 2.5 mg and 5 mg strengths. Astrazeneca is the sole marketer of Saxagliptin hydrochloride tablets having got marketing approval from the FDA through an NDA (New Drug Application) and markets the drug in the US under the brand...

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Patent licensing agreement for Google and Verizon

Google has now entered into a patent cross selling agreement with Verizon after cutting similar deals with Cisco, Samsung and LG, in its pursuit to attain cutting-edge technology and fend off lawsuits. The contract will not give Google and Verizon access to each other’s patents, but will forbid them from filing lawsuits against each other over patent infringements of their existing patents as well as patents obtained by them over the next five years. The agreement will cover a wide range of products and technologies.   Google could have entered into the agreement to safeguard its interest in avoiding lawsuits over...

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From China with Love: The Xiaomi Story

This image depicts a brand new MI 3 Phone which is a product of Xiaomi. This image is relevant as this article is all about the entry of Xiaomi into the Indian Market. Click on this image for more information

Just a few months ago, this particular cellular company took the market by storm and made its stand in the 3rd rank of the world’s cellular companies. It not only pleased consumers, but also gave tough competition to leading brands in the market. As a matter fact, the phones sold like hot cakes within minutes of its release on one of the biggest online shopping destinations, Flipkart. More recently, the company got into a patent spat, the first of them, with another biggie, Ericsson. Even more recently, the ban was partially lifted.

Xiaomi is the name that jumps to mind immediately. This phone gained all the stardom due to its amazing specifications. It did not provide any specification out of the box when compared to its competitive brands but what it did provide was all the highly featured specifications which the leading brands sell for very high cost. Xiaomi sold the same specifications for half the cost. This low cost phone with high end specifications was then known to be a “Chinese iPhone”. Xiaomi, having moved out of China, has made its stand in seven countries in Asia and is on track to sell 60 million smartphones this coming year.

Non-Obviousness and the Trilogy

This image depicts a Gavel, a hammer which is used by a Judge to get attention. This image is relevant as the articles deals with the famous 'Trilogy' theme in the area of patent. Click on the image for more information

The Supreme Court’s non-obviousness precedent commenced with Graham v. John Deere Co.and its companion cases, Calmar v. Cook Chemical and United States v. Adams, collectively referred to in patent circles as the Trilogy. This trilogy represents the Supreme Court’s first interpretation of the statutory non-obvious requirement. The principal issue in the trilogy was establishing the level of ingenuity necessary to satisfy the Section 103 non-obvious requirement that had been added to the Patent Act in 1952.

The decision in Calmar offered a detailed description of prior art and the differences between the claims at issue and the prior art. The opinion, however, provided no discussion of the level of ordinary skill in the art. On the other hand, Adams contained some analysis relevant to the person of ordinary skill, but remains deficient in defining the level of ingenuity necessary to satisfy the non-obvious requirement.

Wacky Patents 3: Earth Orbital Bombs as Nuclear Deterrents

This image depicts a nuclear explosion which looks like a Mushroom creating a shockwave over a specified area. This image is relevant as the article deals with Earth Orbital bombs as Nuclear Deterrents. Click on the image for more information

The world is facing a lot of problems like energy crisis, border disputes, international security issues and the deadliest of all, the Nuke! The world is trying to combat these issues, both individually and collectively, and yet is unable to come up with a comprehensive solution. But Arthur Paul Pedrick came up with a one-stop shop for all global concerns with his invention titled, Earth Orbital bombs as Nuclear Deterrents.

The patent specification starts off with a philanthropic note saying that the invention is concerned with the means for meeting the world’s so-called “energy-crisis”. But then speaks of what the invention is actually about, when the specification discloses that, in particular, the invention deals with “…the provision of a system of orbital nuclear bombs whereby distrust between nations may be removed to the extent that they can release the deuterium and tritium in their stored nuclear bombs to allow it to be used for peaceful purposes i.e., more particularly for the generation of electricity…”

Wacky Patents 2 – Ouija Board

This image depicts the name of OUIJA Board. This image is relevant as the post is all about OUIJA board and its use. CLick on the image for more information.

Next up in the series of Wacky Patents is a board game which has spooked people for ages! This humble board game has been a source of spook for many. Ouija (pronounced wee-jee) is derived from compounded French word, ‘Oui’ and German word, ‘Ja’, both meaning “Yes”. It was originally a trademark owned by Kennedy Novelty Co. which later became generic when people started to use the word for any talking board. What was previously used as a medium for communication with the dead, was later patented with certain improvements.

The US Patent Office granted Letter Patent No. 446,054 in 1891 to Elijah J Bond, for his invention of a certain new and useful improvement in “Toy or Game”. In the patent application, Bond says that his invention relates to improvements in what he designates as “The Ouija or Egyptian-luck Board”. The invention discloses a Board of suitable size and thickness with letters of the alphabet, numbers from 0-9, ‘Yes’ and ‘No’ in the corners and ‘Good-bye’ at the bottom in combination with a table provided with legs and a pointer which is operated by hand.

Wacky Patents 1 – Method of Presenting Beer

The image depicts a Bottle of beer being poured into a Glass. This image is relevant as the post deals with patent issues for the style of presenting beer. Click on the image for more information

There is nothing more refreshing than a pint of chilled beer and a hearty chat with friends after a generally lousy week. But beware! You may be infringing a patent while sipping down the chilled “barley juice”. Here is why – Below is the description of a patent granted for the “Method of Presenting Beer” which is our Wacky Patent No. 1.

US Patent No. 8,240,155 B2 relates to a Method of Presenting Beer. Filed in August, 2007, the patent was granted in August, 2012, which means that the patent is still in force. Here is how the invention actually works. The problem sought to be solved by this invention is regarding beer being served chilled. Beer is normally served at a temperature above zero degrees since chilling beer to near zero degree results in loss of flavor. So the inventor, Kevin Dale, came up with this invention to serve beer chilled at near zero temperature without compromising on taste.

Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This image depicts two person trying to put the puzzle together. This image is relevant as it was decided in the case of Sega vs Accolade that Reverse Engineering is limited by Reason. Click on the image for more information

In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console.

The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three game cartridges. Then the system was wired up so that the data moving between the cartridge and the console during game play could be examined. The engineers retrieved the code from the cartridges, disassembled it and studied it.

Dr. Jonas Salk – The True Humanitarian

This image depicts a Black & WHite Photograph of Jonas Salk. This image is relevant as he is a true humanitarian who has invented Polio Vaccine. Click on the image for more information

Some people work towards finding solutions to a better way of life, round the clock. The youth of today is independent, confident and progressive. The world feels like a wonderful place to live in. But we wouldn’t have been able to “stand on our own legs”, literally, if not for a wonderful human being called Dr. Jonas Salk. October 28, 2014, on the day we celebrate as the birth centenary of the man who made billions of kids stand on their own legs, a small tribute to the great soul will be given by narrating the story of how, not owning a patent saved millions of lives and still counting!

Polio or Poliomyelitis is an infectious viral disease which generally affects young children and spreads mainly through faecal-oral contact. Caused by the Polio Virus, it infects the brain and cripples the child leaving limbs paralyzed, among other things. During the mid 1900s, there was nothing more deadly in the United States than the rampant Polio epidemic. When Dr. Salk was appointed as the Director of the Virus Research Laboratory at the University Of Pittsburgh School Of Medicine, he was determined to find a vaccine to rid the world of the Polio menace. The National Foundation for Infantile Paralysis funded the project taken up by Dr. Salk and field trials were set up on a massive scale. When the vaccine was finally found out to be successful, Dr. Salk became the saviour of the world. When asked about the patent on the Polio vaccine, Dr. Salk politely stated, “There is no patent. Could you patent the sun?”, owing to the global necessity and vitality of the vaccine.

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